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NEW ZEALAND HAS A PROBLEM

Every week, on average…

› 1 person dies at work

› 15 people die from work-related diseases

Each week…

› 16 loved ones don’t go home

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WE NEED A NEW WAY OF THINKING

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‘She’ll be right’… But will she?

GETTING YOU HOME HEALTHY AND SAFE, THAT’S WHAT WE’RE WORKING FOR

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HEALTH AND SAFETY AT WORK ACT 2015

› Changing the law is only a start

› To make a real difference, we need to change our attitudes towards health and safety

EVERYONE WHO GOES TO WORK SHOULD COME HOME HEALTHY AND SAFE

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WHAT ARE WE ALL WORKING TOWARDS?

› A significant reduction in serious injury, illness and death from work

› Through …

- Targeting risk

- Working together

- Working smarter

- Working safer

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HSWA IS A NEW WAY OF THINKING

› Ensures everyone has a role to play

› Makes everyone’s responsibilities clear

› Focuses on managing risk

› Requires those who create the risk to control the risk

› Requires you to engage with your workers and enable them to participate on an ongoing basis

› Allows flexibility in managing your health and safety risks

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SO WHERE DO YOU START?

Know your health and safety Risks …

… manage them proportionately

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YOU NEED TO KNOW…

› What the risks are from your work

› The likelihood of those risks occurring

› The degree of harm that might result from those risks

› Options to eliminate the risks

› If they can’t be eliminated, options to minimise the risks

USE COMMON CONTROLS FOR COMMON RISKS

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HOW HSWA HELPS

Five Key Concepts

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EVERYONE HAS A ROLE TO PLAY

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1. BUSINESSES PCBUs

› PCBU – Person Conducting a Business or Undertaking – is a broad concept that captures all types of modern working arrangements

› A business – whether commercial or non-commercial – is a PCBU.

› Note that sole traders and self-employed are PCBUs

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THE BUSINESS HAS PRIMARY RESPONSIBILITY PCBUs and Primary Duty of Care

A business must look after:

› The health and safety of your workers and any other workers you influence or direct

› The health and safety of other people at risk from any work you carry out

- eg customers, visitors, public

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2. SENIOR BUSINESS LEADERS Officers and the Duty of Due Diligence

› An Officer is a person who holds a very senior leadership position, and has the ability to significantly influence the management of a Business or Undertaking.

› Includes:

- Directors of a company

- Partners in a partnership

- Board members

- CEO

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OFFICERS MUST ENSURE THE BUSINESS IS MEETING ITS H&S RESPONSIBILITIES

› Officers must do due diligence to make sure the business understands and manages its key risks

› They must:

- keep up-to-date knowledge of health and safety

- understand the operations of their business

- ensure and check that their business has appropriate resources and processes for health and safety

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3. WORKING WITH OTHER BUSINESSES Overlapping Duties

› When the work of two or more businesses overlap, they must consult, co-operate and co-ordinate activities to meet their health and safety responsibilities to workers and others.

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3. WORKING WITH OTHER BUSINESSES Overlapping Duties

› Plan ahead, think about the stages of your work and who is affected by it

› Identify the risks to be managed and together agree how to control the risks and who is best placed to do so

› Define roles, responsibilities and actions and explain these to workers and other businesses so they know what to expect

› Continue to consult, communicate, co-operate and co-ordinate including carrying out reasonable and proportionate monitoring to ensure H&S is maintained

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› Businesses who are ‘upstream’ (eg architects, manufacturers, importers) must ensure, so far as is reasonably practicable, that the work they do or the things they provide to other workplaces don’t create health and safety risks.

HEALTH AND SAFETY IN THE SUPPLY CHAIN Upstream Duties

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4. WORKERS AND OTHERS IN A WORKPLACE

› A worker is an individual who carries out work in any capacity for a business or undertaking.

- Employees

- Contractors/Sub-contractors

- Employees of labour hire companies

- Apprentices or trainees

- People doing work experience or work trial

- Volunteer workers

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4. WORKERS AND OTHERS IN A WORKPLACE

› Others in a workplace include:

- Casual volunteers

- Visitors to a workplace (eg courier drivers, clients, suppliers)

- Customers

- Any public who could come into contact with a business’ work activity

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WORKERS’ AND OTHERS’ RESPONSIBILITIES

› Workers and Others in a workplace must:

- Take reasonable care for their own health and safety and that of others

- Follow any reasonable health and safety instructions given to them by the business

› and Workers must:

- Co-operate with any reasonable business policy or procedure relating to health and safety in the workplace

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5. WORKER ENGAGEMENT & PARTICIPATION

Businesses must:

› Ensure your workers’ views on health and safety matters are asked for and taken into account (engagement)

› Have clear, effective and on-going ways for your workers to suggest improvements or raise concerns on a day-to-day basis (participation)

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5. WORKER REPRESENTATION

› Any business can have a Health & Safety Representative (HSR) or Committee (HSC)

› HSRs benefit business and workers by providing:

- A clear, well known way for workers to raise issues and ideas

- A voice for workers who might not otherwise speak up about health and safety matters

- A link between workers and management

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WHAT ARE WE DOING TO HELP YOU?

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WHERE SHOULD YOU START?

› Review your current Health and Safety practices

› Identify what your key health and safety risks are

› Ask questions – involve workers and the other businesses you work with

› Implement appropriate controls

› Embed Health and Safety into your culture. This isn’t just the law, its good business and the right thing to do

› Visit www.worksafe.govt.nz/hswa